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2025 MarsdenLR 4087

HIGH COURT MALAYA KUALA LUMPUR
GLOBAL BUILT SDN BHD – Appellant
Versus
WONG YEN FENG & ANOTHER CASE – Respondent


Petitioner Advocates:Sachpreetraj Singh Sohan,Izyan Azimi ,Respondent Advocate: Reno Nga,Vidhya Pannirselvam

JUDGMENT

Nadzarin Wok Nordin J:

(Enclosure 1)

[1] Originating Summons No WA-24C-210-12/2024 (OS 210) is Wong Yen Fen t/a LKL Ceiling Enterprise ("LKL") application pursuant to s 28 of the Construction Industry Payment and Adjudication Act 2012 ("CIPAA") to enforce the Adjudication Decision dated 7 October 2024 ("AD") whilst Originating Summons No WA-24C-176-11/2024 (OS 176) is Global Built Sdn Bhd ("GBSB") supplication to set aside the AD in accordance with s 15(b) CIPAA.

[2] In OS 176, GBSB had stated inter alia that its ground to set aside the AD was based on:

2.1 the Adjudicator acting in breach of natural justice when he failed to take into account GBSB's submission on the issue of the Final Account; and

2.2 the Adjudicator had misinterpreted the payment provisions under s 35 CIPAA.

[3] It was submitted by GBSB that LKL has used the Expired Registration No to file OS 210. LKL made no attempt to amend its registration number and/or to address this issue in their affidavits when GBSB had pointed the issue of their locus standi during the hearing of the stay application (encl 3) on 22 January 2025.

[4] It is further submitted by GBSB that LKL had no locus standi to file the adjudication p


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